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The Fair Debt Collection Practices Act: Effective Compliance Strategies for Your Firm in 2018

Finance CLE

The Fair Debt Collection Practices Act: Effective Compliance Strategies for Your Firm in 2018

Live Webcast Date: Tuesday, January 30, 2018 at 3:00 pm - 4:30 pm (ET)
FinanceRecording

Due to its intensified enforcement activities in eliminating abusive, deceptive and unfair debt collection practices, the Fair Debt Collection Practices Act (FDCPA) has been one of the most active consumer law areas in the previous years. The FDCPA established its general standards of conduct that define proscribed collection methods while providing consumers with statutory rights that allow them to verify the accuracy of the debt and to stop all collection contacts. For the past year, and under the new administration, significant developments and a remarkable number of FDCPA related cases have been observed. This trend is expected to continue in the years to come.

In this Webcast, a seasoned panel of thought leaders and professionals brought together by The Knowledge Group will provide and present an in-depth analysis of the fundamentals as well as recent developments surrounding the Fair Debt Collection Practices Act. Speakers will also present effective and efficient strategies to avoid potential risks and legal perils.

Key topics include:

  • Fair Debt Collection Practices Act – An Overview
  • Statute Limitations and Foreclosure Complaints
  • FDCPA Debt Provisions
  • Compliance Challenges
  • Best Practices and Tips for Your Firms

Who Should Attend

  • Finance Counsel and Lawyers
  • Creditors
  • Third-Party Debt Collectors
  • Chief Financial Officers
  • Finance Executives
  • In-house Counsel
  • Other Related/Interested Professionals and Organizations

Faculty

Michael J. Payne

Michael J. Payne
Partner
Frankel, Rubin, Klein, Dubin, Siegel and Payne P.C.

Ross B. Hofherr

Ross B. Hofherr
Attorney
Harris Beach PLLC

Jason Spak

Jason Spak
Attorney
FisherBroyles, LLP

Click Here to Read Additional Material

SEGMENT 1:
Michael J. Payne, Partner
Frankel, Rubin, Klein, Dubin, Siegel and Payne P.C.
  • An Overview of the FDCPA
    • Looking Back Over the Last 40 Years
  • Does the FDCPA Apply to You?
    • Analysis of Henson vs. Santander Consumer USA, Inc.
  • Best Practices, Recommendations and Tips to Avoid FDCPA Violations
    • Avoiding “Compliance Malpractice”  

SEGMENT 2:
Ross B. Hofherr , Attorney
Harris Beach PLLC
  • The FDCPA as a shield and a sword for consumers;
  • Enforcement actions for FDCPA violations;
  • “Meaningful Attorney Involvement” when sending demand letters on law firm letterhead. 
  • The bonafide error defense to an FDCPA action.

SEGMENT 3:
Jason Spak, Attorney
FisherBroyles, LLP
  • Where and how should debt collectors send disclosures to a consumer, within five days of the debt collector’s “initial communication” with that consumer?
  • When is a debt collector required to tell a credit bureau that a consumer has disputed a debt?
  • Should debt collectors should tell consumers that paying their debts could improve their credit?

Michael J. Payne

Michael J. PaynePartnerFrankel, Rubin, Klein, Dubin, Siegel and Payne P.C.

Michael Payne is a partner at Frankel, Rubin, Klein, Dubin, Siegel & Payne, P.C. Michael has a broad civil litigation practice and represents individuals, businesses and publicly traded companies in all aspects of litigation. Michael’s practice includes Civil and Business Litigation, Criminal Law, Consumer Defense Litigation, Estate Planning and Business Succession Planning and Appellate Practice.

Michael has many years of experience defending corporations against individual lawsuits brought under the Fair Credit Reporting Act (“FRCA”), the Fair Debt Collection Practices Act (“FDCPA”) and similar consumer protection laws. Michael has successfully tried numerous FDCPA cases and successfully argued multiple cases before the Appellate Courts in Missouri.

Ross B. Hofherr

Ross B. Hofherr AttorneyHarris Beach PLLC

Ross is a Senior Associate in the New York City office of Harris Beach PLLC.  Ross is co-leader of the Regional Financial Institutions team, and a member of the firm’s Financial Institutions and Capital Markets Industry Team, and the Government Compliance and Investigations Practice Group as well as the Mass Torts and Industry-Wide Litigation and Business and Commercial Litigation Practice Groups.  He counsels clients in regulatory compliance, including the Bank Secrecy Act, and Anti-Money Laundering compliance.  His work also includes the defense of consumer financial services class action litigation, regulatory matters, arbitrations, mediations, and internal investigations.

Jason Spak

Jason SpakAttorneyFisherBroyles, LLP

Jason Spak defends debt collectors and consumer reporting agencies against claims under the Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), and related statutes. 

Jason has handled FDCPA and FCRA cases since 2004, in more than 25 states.  No matter the place or the amount of money at stake, Jason strives to be assertive but practical, by engaging in aggressive litigation when it’s required, and calm efforts at settlement when it isn’t. 

Jason’s clients can be sued multiple times each year.  To help manage that litigation, Jason strives to understand how each client conducts its business, what litigation risks it is likely to face, and how it can try and minimize its defense costs over time.

Jason is based in Pittsburgh, PA.  He attended the University of Notre Dame and the University of Michigan Law School.

Course Level:
   Intermediate

Advance Preparation:
   Print and review course materials

Method Of Presentation:
   On-demand Webcast

Prerequisite:
   Basic knowledge in consumer laws

Course Code:
   146788

NY Category of CLE Credit:
   Skills

Total Credits:
   1.5 CLE

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About the Knowledge Group

The Knowledge Group

The Knowledge Group has been a leading global provider of Continuing Education (CLE, CPE) for over 13 Years. We produce over 450 LIVE webcasts annually and have a catalog of over 4,000 on-demand courses.

About the Knowledge Group

The Knowledge Group

The Knowledge Group has been a leading global provider of Continuing Education (CLE, CPE) for over 13 Years. We produce over 450 LIVE webcasts annually and have a catalog of over 4,000 on-demand courses.

Frankel Rubin aggressively defends creditors that are sued under the Fair Debt Collection Practices Act (“FDCPA”). Our business litigation department has represented creditors, purchasers of debt portfolios, as well as law firms, against alleged consumer violations.  Presently, Frankel Rubin is proud to have successfully defended more FDCPA, Fair Credit Reporting Act (“FCRA”), and Telephone Consumer Protection Act (“TCPA”) cases than any other law firm within the State of Missouri. In addition to handling collection defense litigation at the trial and appellate level, our attorneys have experience with conducting mediations and arbitrations.

Frankel Rubin is actively involved in the Missouri Creditors Bar, Inc., a Non-Profit organization, that exists solely for the purpose of advancing creditors rights in and around Missouri. Through such active involvement, many attorneys at the Firm, do not just know creditor’s rights, but are keenly aware of any proposed legislation and participate in movements which are focused on serving the credit industry and businesses throughout the region.

Frankel Rubin understands the important role which creditors play in the today’s economy. As a result, we consider it our privilege to represent creditors and vigorously defend their rights under the FDCPA and other consumer minded statutes. 

Website: http://www.frankelrubin.com/

Harris Beach is one of the oldest and largest law firms in New York state and among the country’s top law firms as ranked by The National Law Journal. The firm is a full service law firm that represents a wide range of clients, including Fortune 500 corporations, privately-held companies, public sector entities and not-for-profit organizations. Harris Beach is ranked by U.S. News and World Report as a Top Tier firm in every major area of law, and was named in 44 practice group categories in Best Lawyers in America.

Harris Beach and its subsidiaries provide a full range of legal and professional services for clients across New York state, nationally and internationally. With over 27 practice groups and 17 industry teams, the firm provides the full depth and breadth of legal services.  Principal industries represented include education, energy, financial, food and beverage, health care, insurance, manufacturing, medical and life sciences, real estate developers, and state and local governments and authorities.

Website: https://www.harrisbeach.com/

Jason is a partner at FisherBroyles, a cloud-based law firm with some 200 lawyers across the United States.  The firm’s low overhead allows him to keep costs down, and its national reach allows him to handle cases across the country.  FisherBroyles’ Law Firm 2.0® business model maximizes efficiency, responsiveness, and value. It aligns the interests of clients and attorneys by identifying and eliminating the inefficiencies of the traditional law firm model.  It’s the Next Generation Law Firm.

Website: http://www.fisherbroyles.com/

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